BLAW CHAPTER FOUR TB
"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied or recklessly disregarded the truth.
True
"Eminent domain" refers to a governmental taking of private property for public use.
True
A government action that treats two classes of similarly situated citizens the same is valid under the Equal Protection Clause.
True
A public figure who brings a defamation suit against a newspaper which prints a false story about her must prove actual malice to win the suit.
True
Action taken by private citizens may constitute state action if the state has encouraged the challenged private action significantly.
True
An official action by an agency of the city of Oakwood against one of its citizens would be considered "state action."
True
Both the Fifth and Fourteenth Amendments contain due process clauses.
True
First Bank would like to place some ads in the local newspaper in support of proposed legislation that it believes would increase its revenues, but there is a local ordinance that prohibits such ads. First Bank consults its attorney because it would like to challenge the ordinance as unconstitutional. In all likelihood, the ordinance is a violation of First Bank's rights of free speech under the First Amendment.
True
In addition to acting as a broad source of federal power, the Commerce Clause also restricts the power of the states to regulate activities if the result obstructs or unduly burdens interstate commerce.
True
In equal protection cases involving economic regulation, the courts use the rational relationship test.
True
In relation to the Takings Clause, public use has been held to be synonymous with public purpose.
True
Most forms of speech are protected by the strict or exacting scrutiny standard.
True
Powers given exclusively to the federal government under the U.S. Constitution include the power to establish laws governing bankruptcy and to coin money.
True
Restrictions may be placed on an individual's right to free speech.
True
States have powers to enact regulations if Congress has not preempted state regulation by enacting legislation within its constitutional powers.
True
States may enact legislation even where the federal government has created laws.
True
The Bill of Rights restricts the power and authority of the federal government.
True
The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its powers.
True
The Commerce Clause limits the power of states to tax.
True
The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.
True
The First Amendment guarantee of free speech applies not only to individuals but also to corporations.
True
The Fourteenth Amendment restricts the power of states to tax.
True
The Minnesota Housing Authority plans to begin eminent domain proceedings to acquire 100 homes to rent to low-income persons. The Housing Authority wants to pay as little as possible for the homes so that they can acquire more homes in the future, but the homeowners insist they are entitled to the fair market value of the property. In a court hearing on the matter, the homeowners are likely to prevail.
True
The Supreme Court has held that, under the Due Process Clause, a driver's license is property which cannot be revoked without procedural due process.
True
The U.S. Supreme Court can invalidate a law if it conflicts with the U.S. Constitution.
True
The U.S. Supreme Court upheld a state statute prohibiting corporations from using general treasury funds to make independent expenditures in elections for public office.
True
The federal government's authority to govern economic matters flows from the Commerce Clause.
True
The federal government's power to tax is subject to the limitation that all custom duties and excise taxes must be uniform throughout the United States.
True
The framers of the Constitution considered it unnecessary to include in the original document liberties that the people were to keep for themselves.
True
Under the federalist system, the states retain significant powers; however, the supremacy clause of the Constitution provides that within the areas of regulation that are federal in nature, federal law is supreme.
True
Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases?
Where a college student is denied a private scholarship
A classification based on gender or "legitimacy" for a governmental action:
eliminates the strong presumption of the constitutionality of legislation that is allowed under the rational relationship test.
In the Supreme Court's view, the "necessary and proper" clause:
enables Congress to legislate in areas not mentioned in the list of enumerated powers as long as such legislation reasonably relates to some enumerated power.
The U.S. Constitution vests power in the branches of government that form a "check and balance" system. Those branches of government are:
executive legislative judicial
A woman claiming sex discrimination because she was passed over for a promotion by her employer, would have her case reviewed under the ____ test of the Equal Protection Clause.
intermediate
The requirement that a classification have a substantial relationship to an important governmental objective is known as the:
intermediate test.
A star basketball player in the NBA:
is a "public figure" with respect to a defamation action against a newspaper.
The extent to which state regulation may affect interstate commerce:
is decided using a case-by-case analysis. is ultimately decided by the Supreme Court.
Cary, a prominent local attorney, was the subject of a newspaper article concerning a trial in which he was involved as counsel. In that article, Cary was reported to have been disbarred in another state ten years before. It is not true of Cary, but of his cousin, Frank. Cary will win a suit for defamation against the newspaper:
only if he can prove that the paper acted with actual malice.
The main purpose of the Bill of Rights was to:
provide for restrictions on the power of the federal government.
State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit, custody in divorce proceedings should be awarded to the mother and not the father. If this statute is challenged, the court will:
review the legislation to see if it bears a substantial relationship to an important governmental objective.
If private entities engage in public functions, constitutional guarantees such as free speech and due process may apply to their actions under the ____ doctrine.
state action
The principle of ____ concerns the compatibility of a law or governmental action with fundamental constitutional rights, such as free speech.
substantive due process
The federal government has been enabled to establish a national banking system and the Federal Reserve System because of:
the Article I, Section 8, constitutional grants to Congress of the power to borrow money on the credit of the United States and the power to coin money.
Strict scrutiny is used by the U.S. Supreme Court to carefully scrutinize:
the First Amendment right of freedom of religion. the right to engage in interstate travel. the right to vote.
Under the Commerce Clause, Congress has the power to regulate:
the channels and instrumentalities of interstate commerce, as well as those activities having a substantial relation to interstate commerce.
A state constitutional provision conflicts with a valid federal statute. Under the supremacy clause:
the federal statute is supreme.
Whatever powers are not specifically assigned to the United States by the Constitution are reserved to:
the state governments or the people.
John is a white Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on:
the strict scrutiny test.
Since the Supreme Court's abandonment of substantive due process as a critical check on legislation involving individual rights, the ____ Clause is now the most important clause in this regard.
Equal Protection
Which of the following is included in the Fourteenth Amendment?
Equal protection.
Classifications based on age and sex are examples of "suspect classifications" in the context of the Equal Protection Clause of the Constitution.
False
Eminent domain is not one of the recognized inherent powers of government
False
Generally, the legislative branch of government has the power to enforce the law.
False
In a sex discrimination case under the equal protection clause, the courts apply the strict scrutiny standard of review.
False
Judicial review is another phrase for an appeal of a lower court's judgment.
False
Substantive due process addresses the fairness of the process by which a legal rule is applied.
False
The Bill of Rights applies directly to the states.
False
The Bill of Rights was included in the original U.S. Constitution.
False
The Bill of Rights was part of the original Constitution which was adopted on September 17, 1787.
False
The Constitution gives the federal and state governments concurrent powers over patents and copyrights.
False
The Contract Clause of the Constitution allows states to retroactively modify public charters and private contracts.
False
The First Amendment allows free speech in any and all circumstances.
False
The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.
False
The Supreme Court, in Jackson v Metropolitan Edison Co., held that a privately owned electric utility was subject to the Due Process Clause because operating the utility was "state action" since the State had granted the utility a monopoly.
False
The federal government has no restrictions under the Constitution on its power to impair contracts since the Contract Clause restricts only actions of the states.
False
Under the Commerce Clause, any state statute that affects interstate commerce is unconstitutional.
False
Which of the following activities is regulated by the federal government through its exercise of the commerce power?
Federal crimes Electronic funds transfers Civil rights in employment Environmental protection
The ____ and ____ Amendments respectively prohibit the federal and state governments from depriving any person of life, liberty, or property without due process of law.
Fifth, Fourteenth
Because defamation involves a communication, the protection extended to speech by the ____ Amendment applies.
First
The Commerce Clause in connection with the ____ limits the power of the states to tax.
Import-Export Clause
When the strict scrutiny test is used, a court is free to substitute its thinking for that of the legislature in deciding if a law violates equal protection. Which of the following would NOT be subject to strict scrutiny?
Legislative appropriations giving more money to single, poor women with dependent children, than to single, poor men with dependent children.
In the case of ____, Chief Justice Marshall stated, "This great principle is, that the Constitution and the laws made in pursuance thereof are supreme; that they control the Constitution and laws of the respective states, and cannot be controlled by them."
McCulloch v. Maryland
The Contract Clause prevents a state from:
None of the above
The states may enact legislation concerning a subject in which there is a federal statute if:
None of the above
Which of the following is not protected by the free speech guarantee found in the Constitution?
Obscenity
For the purposes of procedural due process, ____ includes certain entitlements conferred by government, such as social security payments and food stamps.
PROPERTY
Which of the following would NOT be included in the powers of the federal government?
Power to tax a product produced and consumed exclusively in Alaska.
Which of the following is included within the term "property" for purposes of procedural due process?
Real property Social Security payments Food stamps
How does the Due Process Clause of the Fourteenth Amendment differ from the Due Process Clause of the Fifth Amendment?
The Fourteenth Amendment clause protects individuals from violations of their rights by state governments.
Dr. David Doright is a Professor at a state university. One day he has an argument with the president of the university over which team should win the next Super Bowl. The next day, Dr. Doright is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges.
The firing by a state university is state action involving a property right that would entitle Dr. Doright to a hearing and an opportunity to respond to the allegations against him.
What constitutional principle requires that similarly situated people be treated similarly by government?
Equal protection
Defamation is a form of speech wholly outside the protection of the First Amendment.
False
The federal government's power to tax has no limitations.
False
Which of the following is correct with regard to the powers of government in the United States?
Legislation enacted by Congress does not need to be based on a specific power granted to the federal government by the Constitution.
The ____ case declared the authority of courts to examine governmental actions to determine whether they conform to the U.S. Constitution.
Marbury v. Madison
A law is not valid unless it complies with the U.S. Constitution.
True
The State where Laura's father had lived passes a statute which requires that male heirs be preferred over female heirs in selecting an executor of an estate. Laura, a lawyer, would like to be the executor of her father's estate, but so would her eighteen-year-old brother who just flunked out of college. She challenges the provision as being a violation of the equal protection clause of the Fourteenth Amendment. The case is now under consideration by the United States Supreme Court. In deciding the constitutionality of the provision, the Court will:
apply the intermediate standard test.
The legislative branch's primary check on both the judicial and executive branches is the power to:
approve appointments to the courts and agencies.
The Supreme Court interprets the Commerce Clause:
as granting virtually complete power to Congress to regulate the economy.
Judicial review extends to:
legislation acts of the executive branch decisions of inferior courts
Procedural due process pertains to governmental decisions depriving a person of:
life. liberty property
Since ____, the U.S. Supreme Court has abandoned its earlier approach in substantive due process cases and no longer overturns economic and social legislation, so long as it is rationally related to legitimate governmental objectives.
1937
According to the Tenth Amendment, "the powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people." This principle is:
federalism.
The federal government has exclusive power to establish laws governing:
bankruptcy patents copyrights
Under substantive due process, legislation affecting which of the following would be strictly scrutinized as affecting fundamental rights?
- The right to marry someone from a particular ethnic background if both parties wanted to marry. - The right of free speech.
Judicial review is:
- a check by the judicial branch on legislative action. - a check by the judicial branch on executive action.
Which of the following is a major limitation on the federal government's power to tax?
All custom duties and excise taxes must be uniform throughout the United States
A classic and important example of strict scrutiny of classifications based upon race is the desegregation case of:
Brown v. Board of Education of Topeka.
The ____ Clause protects against impairing the charter of a corporation formed under a state incorporation statute.
Contract
Which of the following is correct with regard to the Bill of Rights?
a. It serves as a major restriction on the powers and authority of the federal government. b. It does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states. c. It consists of ten amendments to the U.S. Constitution that were adopted in 1791.
Constitutions serve which of the following functions?
a. They are the supreme law of their jurisdictions. b.They establish the structure of and allocate power among the levels of government. c.They impose restrictions upon the powers of government and enumerate rights of the people.
The Takings Clause requires just compensation if the government:
actually takes the property.
